THE RALEIGH ACADEMY OF MEDICINE VS. The Knights of Honor, Knights of Pythias, Royal Arcanum, National Union, American Legion of Honor, Knights and Ladies of Honor, and Independent Order of Odd Fellows, and ' Kindred Benevolent Orders, with » - I Insurance Features. V.Uu- A' • ;■ i \ ; : . - : .1 A Review of the Controversy, Embracing the Correspondence 7 . A' between the Academy and k,- IB. ellis 3 nvc. id.. Medical Examiner for the Orders, at Raleigh, N. C. RALEIGH, N. C.: Edwards, Broughton & Co., Steam Printers and Binders. 18S5. « < z >- □ e*: o CD G « ^ z o . m ■ 0 ) 43 G o W D Q .a CD -*-> •a * CD O (h <—I CD > CO T 3 cO C/3 H fc W U tj CD • 4 —* CO u • rH T 3 .3 p r\ r^ d £ TIEI IE RALEIGH ACADEMY OF MEDICINE VS. The Knights of Honor, Knights of Pythias, Royal Arcanum, National Union, American Legion of Honor, Knights and Ladies of Honor, and Independent Order of Odd Fellows, and Kindred Benevolent Orders, With Insurance Features. A' Review of the Controversy, Embracing the Correspondence BETWEEN THE ACADEMY AND JEl. IB. ELLIS, TvT_ ID., Medical Examiner for the Orders. RALEIGH, N. C.: Edwards, Broughton & Co., Steam Printers and Binders. 1885. To the members of the Knights of Honor, Knights of Pythias, Royal Arcanum, National Union, American^Legion of Honor, Knights and Ladies of Honor, and Independent Order of Odd Fellows, In whose interest, and for whose defence the following pages have been written, this little book Is Respectfully Dedicated by The Writer. THE RALEIGH ACADEMY OF MEDICINE VS. The Knights of Honor, Knights of Pythias, Royal Arcanum, National Union, American Legion of Honor, Knights and Ladies of Honor, and Independent Order of Odd Fellows, and Kindred Benevolent Orders, with Insurance Features. 1. Life Insurance, in some form, is beginning to be re* garded as a necessity, especially by men of small means; and even those in more affluent circumstances, in times like the present,—when fortunes are lost in a day,—have resorted to it as one of the safest means of providing for their fam¬ ilies in case of sudden disaster or death. 2. One of the great difficulties which have to be encoun¬ tered by men of limited means and uncertain income, are the high rates charged by what are known as the “ old line” companies; and the fact that premiums are required to be paid only annually, or semi-annually at best, causes a drain upon the financial ability of men of moderate means, which they are often unable to stand ; and the consequence has been, and in such cases will continue to be, that after paying high premiums for several years, many are compelled to abandon their insurance from actual inability to pay ; and as years roll by, and men grow older, even if they should improve their financial condition, the increased premiums, in consequence of increased age, deters many from re-insuring, and they pass away without any provision for their families. 4 3. To meet a necessity that arose from this state of af¬ fairs, which prevailed from one end of the land to the other, and to provide a cheap, safe and convenient mode of insur¬ ance, it became necessary to depart from the old mode, and adopt some other means better suited to the financial condition of the great masses of the people. This has been done by the inauguration and establishment of Secret Be¬ nevolent Societies with insurance features, such as the Royal Arcanum, Knights of Honor, American Legion of Honor, National Union, &c., &c. The objects of these So¬ cieties are set forth in their own publications, and are all similar in their character. To show their primary object, the following quotations are made from their publications : THE OBJECTS OF THE ORDERS ARE : 1. To unite fraternally all white men of sound bodily health, and good mora^ character, who are socially acceptable and between certain ages. 2. To give all moral and material aid in their power to the members and those dependent upon them. 3. To educate its members socially, morally and intellectually ; also, to assist the widows and orphans of deceased members. 4. To establish a fund for the relief of sick and distressed members. 5. To establish a Widows’ and Orphans’ Benefit Fund, from which, on the satisfactory evidence of the death of a member of the Order, who has complied with all its lawful requirements, a specified sum shall be paid to his family or those dependent upon him as he may direct. A strict medical examination is required to be made by a physician who is a member of the Order. SICK BENEFITS. To promote the fourth object of the Orders, there is a provision of the Sub¬ ordinate Constitutions that “ any member in good standing, and not in arrears for dues or fines, having six months previously obtained the degree, who may become disabled, by sickness or other disability, from following his usual busi¬ ness or some other occupation, shall receive from the funds of his Council such weekly benefits (to be paid weekly) as his Council may in its By-Laws prescribe, which shall not be less than one dollar per week and there are the usual guards against imposition. Under this provision should a member become per¬ manently incapacitated for work, the income from his sick benefit will be am¬ ple to pay his assessments, and ultimately secure to his family the amount of his policy. 5 FRATERNAL CHARACTER. The Order is not an Insurance Company. One of its chief objects, however, is to provide the families of its members with a death benefit at actual cost, and thus enable worthy persons to secure needed protection, who cannot afford to pay the high rates charged by Insurance Companies. The members form a vast fraternity held together by mutual interests and cemented by a spirit of brotherhood which is fostered in the Council rooms. Constitutions and By-Laws were adopted, and all the nee essary safe-guards provided against imposition and fraud. One of which was that “ a strict medical examination was required to be made by a physician zvho must be a member of the Order f and the applicant for admission must be of good character, of sober habits, and engaged in some hon¬ orable vocation, and well recommended, &c., &c. Recognizing the benevolent features of these Orders, the Legislature of the State classifies them with other charitable organizations and exempts them from taxation- The following quotation is made from the Revenue Act of 1883 : What propei'ty exempt from taxation : The property belonging to and set apart, and exclusively used for the univer¬ sity, colleges, institutions of learning, academies, the Masonic fraternity, order of Odd Fellows, Knights of Pythias, Independent Order of Mechanics, Good Templars and Friends of Temperance, Knights of Honor, Good Samaritans and.Brothers and Sisters of Lo#’ and Charity, Royal Arcanum, Hibernian Be¬ nevolent Society of Wilmington, schools for the education of the youth, or sup¬ port of the poor and afflicted, orphan asylum— * * * * * Similar exemptions have been made by every other State in the Union where these orders exist. That they are properly classified and are regarded as benevolent institutions is proven by the fact that in the same act that exempts them from taxation places a tax upon insurance companies. As another evidence that they are properly classified, at a meeting of the State Medical Convention held in Wilming¬ ton, N. C., in 1880, that learned body decided that the law of the Society requiring $5 as the minimum fee for examina¬ tions for applicants for insurance in the regular companies* 6 did not apply to these benevolent orders. See proceedings State Medical Society, 1880, page 4, as follows: Dr. Long asked if the law requiring $5 as the minimum fee for the examina¬ tion of candidates for insurance applied to the examination of candidates for a Mystic Order with a beneficiary or insurance feature. After much discussion the sense of the meeting was taken and it was decided that it did not apply to examination of candidates for such orders as the Knights of Honor, &c., &c. This action of the State Medical Society is in strict keep¬ ing with the spirit and rulings of ail other State Medical Societies, and the practice of the medical profession every¬ where, except in Raleigh. The preceding statements and explanations relative to the character and objects of these Beneficiary Societies having an insurance feature, have been rendered necessary to a thorough comprehension of a long suppressed controversy between the Raleigh Academy of Medicine and myself. I became a member of the Raleigh Academy of Medicine in 1877, my relations with the Academy as an organization, and with its members personally, being pleasant and agree¬ able, so far as I ever knew, until December, 1881. At this time a number of these Benevolent Societies, with an insurance feature, had been introduced into this State, and several Lodges and Councils instituted in the city of Raleigh. By reason of their benevolent and social features, and their low and accommodating rates of insurance, they had become very popular, especially with that class of our citizens who were unable to pay the high rates charged by the “Old Line” insurance companies. Being favorably im¬ pressed with their advantageous features, I had become a member of some of these orders, and had been elected their Medical Examiner. And yet, notwithstanding their purely benevolent character, and in face of the rulings of the State Medical Society, as quoted above, the Raleigh Academy of 7 Medicine, which is only auxiliary to the State Medical Soci¬ ety, took the untenable and unreasonable ground that its members should not examine for these orders for less than five dollars, assuming a position in direct conflict with the State Society, and with the State Legislature, which had classed them with other charitable organizations. The action of the Raleigh Academy of Medicine, taken in December, 1881, was for the purpose of preventing my making any further examinations for these orders for less than a fee of five dollars, while at the very time when such action was taken two other members of the Academy were examining for two dollars, the same fee that I was receiv¬ ing; and another had been examining by contract for $12.50 per month, regardless of the number of examinations made, and whose fees, as the record shows, were less per capita than one-half of five dollars. These facts were not unknown to the members of the Academy, but the u Old Line” com¬ panies were suffering, and the business of members of the Academy was diminishing, so a stop must be put to it. Action must be taken, and there must be a victim. Who should it be? Lots were not cast, as in the case of Jonah of old, but as the object was the crushing out of the benev¬ olent orders, and as it could be done more effectually by sacrificing one who had done most of the professional ser¬ vice for them, by common consent, he was chosen as the victim. It well suited their purpose that I occupied the position I did at the time, because I have reason to know that‘some of the members of the Academy were quite as anxious to crush me out as they were to destroy the useful¬ ness of the benevolent orders whose examiner I had been ; and the occasion gave them a fine opportunity of verifying the old adage of “ killing two birds with one stone.” The sequel shows, however, that in this they were mistaken, for the stone rebounded and wounded some of those who were most anxious to see it thrown, yet had not the individual courage to throw it themselves. 8 The first open declaration of war on me by the Academy was made at its regular monthly meeting, held on the 7th day of December, 1881, at which time formal charges or allegations were preferred against me for a violation of the Fee Bill, in that I had examined applicants for membership in the Royal Arcanum and Knights of Honor for less than five dollars. (I give the purport of the resolution but not the exact language.) And a committee was appointed to wait on me and hear what explanation I had to offer. Upon being informed of this action, I immediately wrote Dr. W. J. H. Bellamy, Supreme Medical Examiner of the Knights of Honor for North Carolina, informing him of the action of the Academy, and he very courteously and promptly re¬ plied, as follows : Office of State Medical Examiner K. of H. of North Carolina, Wilmington, N. C., Dec. 15, 1881. R. B. Ellis, M D., Raleigh, N. C.: Dear Doctor and Brother :—In reply to yours of the 15 th inst., relative to fee for medical examinations of applicants for membership in the Knights of Honor, I will state, that here in the city of Wilmington, the fee of one dollar is paid by the Lodge for each examination. The Order of Knights of Honor is not an insurance society, but a benevolent institution, that can well be com¬ pared to the Odd Fellows. Sick benefits and death benefits are paid as in the Odd Fellows—the plan or manner of assessment being somewhat different, 'tis true. The sick are visited, the needy are supplied, and charitable deeds done almost daily. The examinations are made by a brother for the benefit of brethren. I am Secretary of the New Hanover County Medical Association, and that body has decided, and it has been advertised to that effect, that the usual law requiring examiners for life insurance to charge a fee of five dollars or more shall not refer to examinations made for secret societies in our midst. Our society is auxiliary to the State Medical Society. The State Medical Society has never ruled that we cannot charge less than five dollars for this honorable work of ours, and I venture the assertion never will. The medical examiner does not compete with other medical men in this work. Only those doctors who are members of the order make examinations for the order. I will say that Dr. Geo. G. Thomas, Dr. W. J. Love, Dr. F. W. Potter, all members of the State Med- « 9 acal Society, and the New Hanover County Medical Society, have, and do make examinations for secret societies, and do not charge five dollars either. Excuse haste and hurried manner. Yours in haste, [Signed] W. J. H. Bellamy, State Medical Examiner. On the 18th day of December I was waited upon by the committee above referred to, who informed me that a called meeting of the Academy would be held the next evening, and requested me to be present. I did attend, and when called upon for my defence, I endeavered to the best of my ability to show to the Academy that they were the parties in error, and that I had done nothing inconsistent with my duty as a physician, or with my obligations as a member of the Academy. I reminded them of the fact that the Fee Bill relative to examinations for life insurance was, as every Fellow well knew, based upon the action of the State Med¬ ical Society, and that the fee of five dollars applied exclu¬ sively to insurance companies—to what is known as the “ Old Line ” or Joint Stock Companies ; that the orders for which I had been examining w r ere purely benevolent in character, and were so regarded by the laws of the State, by the State Medical Society, and by the profession everywhere outside of Raleigh ; that I exceedingly regretted to know that the organization of which I was a member should take such an untenable position ; that my action was in strict keeping with the practice of the entire medical profession ; and rather than abandon the orders that had elected me as their Med¬ ical Examiner, and yield a position I knew to be right for one I knew r to be wrong, I would not hesitate to sever my connection with the Academy. After three hours discussion of the matter it was decided that I must charge five dollars, BUT (that little word but is very convenient sometimes—almost as convenient as some men’s consciences) could donate any part of said fee to the benevolent orders. “ Whipping the devil around the stump ” IO is a phrase sometimes used as applicable to those who have not the moral courage to defend honest convictions, and may be allowable in the ward politician, but who can defend such a subterfuge when taken advantage of by the most * ' learned and honorable profession in the land ? Thus ended the first open conflict between the Raleigh Academy of Medicine and myself, in regard to examinations for the benevolent orders, with insurance features. The re¬ sult was not unsatisfactory to myself. Nothing further was heard from the matter until the fol¬ lowing May. In the meantime these benevolent orders had made such progress in both numbers and popularity that the members of the Academy who were examining for the “ Old Line ” insurance companies saw clearly that something must be done, and that soon, or all the Life would be taken out of their companies and nothing but the Fire left, and that that branch of insurance would not likely want any ex¬ aminations at five dollars per capita. So on May 3d, 1882, at the Secretary s office, (not at the Academy Rooms) the fol - lowing proceedings were had : Raleigh, N. C., May 3d, 1882, Regular monthly meeting, held at Secretary’s office. Present, Drs. E. B. Haywood, President ; P. E. Hines, McKee, McGee, Royster, Hubert Hay¬ wood and Knox. The minutes of last meeting read and approved. Unfinished Business.—x\fter considerable discussion on the subject of the fee for life insurance examinations, Dr. McKee moved that the fee for physical examinations of applicants for life insurance shall invariably be five dollars ($5.00) in all cases, whether for insurance companies with assets amounting to millions , or for the so-called benevolent and charitable organizations. Dr. Knox offered an amendment to this motion that in all cases where a urinary examination is required, an additional fee of five dollars be charged therefor. The motion as amended was adopted. Dr. Knox then offered the following resolution : Whereas, The action of the Academy in so construing its resolution relat¬ ing to the fee for life insurance examinations as to permit an examiner to donate a part or the whole of his fee to the so-called “ Benevolent Associations,” seems to have disturbed the stability of the fee for such examinations ; therefore it is now Resolved , That so much of the minutes of the meeting of December 19th, 1SS1, as relates to the aforesaid construction of its said resolution by the Acad¬ emy be, and the same is, hereby rescinded. The resolution was unanimously adopted, and the Secretary was instructed to notify the Fellows who were absent of its passage. t It was nearly twelve months after the passage of these resolutions, however, before I was officially notified of their existence., as the following letter will show : Dr. R. B. Ellis : Raleigh, N. C., March 19th, 1883. Dear Doctor: —At a recent meeting of the Raleigh Academy of Medicine the following resolution was adopted, and the Secretary instructed to notify those members not present of its passage : “Whereas, The action of the Academy, in so construing its resolution reht- ing to the fee for life insurance examinations as to permit an examiner to donate a part or the whole of his fee to so-called “ Benevolent Associations” seems to have disturbed the stability of the fee for such examinations ; therefore it is now “Resolved , That so much of the minutes of December 19th, 1881, as relates to the aforesaid construction of its said resolution be, and the same is hereby rescinded.” Very respectfully, A. W. Knox, Secretary Raleigh Academy of Medicine. Of course I knew that these resolutions were intended as a direct assault upon the “ so-called ” “ Benevolent and Char¬ itable Orders," and were never intended to be enforced as to the “ insurance companies with assets amounting to mil¬ lions," and that such companies were only named as a blind to conceal the true and only object of the resolutions ; for the Academy well knew that there was not a life insurance company in the land that would pay ten dollars for an ex¬ amination unless the policy was for at least ten thousand dollars. Understanding as I did the animus of the resolu¬ tions, I paid no attention to them, but continued to pur¬ sue the even tenor of my way, as though no such action had been taken ; for I felt under no obligations to observe them, 12 knowing, as I did, that they were in plain violation of the rulings of the State Medical Society. On the 16th of April, 1883, the following letter was left at my office : Raleigh, N. C., April 16th, 1883. Dr. R. B. Ellis, Raleigh, N. C.: Dear Sir :—I am instructed by a resolution of the Academy of Medicine to invite you to appear before the Academy at its adjourned meeting, to be held on Wednesday evening at 8 o’clock, April 18th, 1883, to give an explanation as to certain alleged violations of the Fee Bill and Code of Ethics. Very respectfully yours, James McKee, M. D., Secretary Raleigh Academy of Medicitte. I fully intended to be present at the meeting of the 18th, and in person offer “an explanation as to certain alleged violations of the Fee Bill and Code of Ethics,” but had been called to the country to hold a Coroner’s inquest, and did not return in time. This meeting was adjourned until the 23d of the same month, when I was again unable to be present, in consequence of professional engagements. Being fully as anxious to make “an explanation” of my conduct as the Fellows were to hear it, and having been un¬ avoidably absent from the two meetings above referred to, the very next day after the last meeting, I addressed the following note to the Secretary of the Academy: Raleigh, N. C., April 24th, 1883. Dr. James McKee, Raleigh, N. C.: Dear Sir :—I was unavoidably prevented from attending the meetings of the Academy on the 18th and 23d inst., by reason of official and professional en¬ gagements ; and as I am anxious to dispose of the matter in controversy at once, please furnish me with a copy of the charges, and I will file a written “ explanation,” so that there shall be no possible room, on the part of my Fel¬ lows, or any one else, to mistake my position. Very respectfully, R. B. Ellis, M. D. 13 Instead of furnishing me with a copy of the charges asked for, or even acknowledging the reception of my letter, on the 30th of April, I received the following communica¬ tion from the Secretary: Raleigh, N. C., April 30th, 1883. R. B. Ellis, M. D , Raleigh, N. C. My Dear Sir :—The Academy, at its adjourned meeting, on account of your absence, adjourned to meet at 8 o’clock on Wednesday, May 2d, in reg¬ ular session, at which time the Academy will be pleased to see you and enter¬ tain any explanation you may make. By order of the Academy, I am very truly yours, James McKee, M. D., Secretary Raleigh Academy of Medicine. The frequent meetings being held by the Academy about this time, and the failure to furnish me with a copy of the charges, were calculated to confirm me in the opinion that 1 should have a copy of them in order to know of what I was charged, and prepare my defense, before appearing be¬ fore a tribunal that was to pass on my guilt or innocence.. It is not only wrong in principle but is in direct conflict with the spirit and genius of our institutions to place one on trial without first letting him know what the accusations against him are; and I saw clearly enough by this time that it was the purpose of the Academy to take me at a disad¬ vantage ; if not, why withhold the information sought? I therefore at once resolved not to be caught in any such trap. 'Therefore, the following note was addressed to the Secretary: Raleigh, N. C., May 1st, 1883. Dr. James McKee, Secretary Raleigh Academy of Medicine , Raleigh, N. C. Dear Sir :—Your favor of the 30th ult. is received and contents noted. As I am unable to “ explain” a matter I know nothing about, 1 again respectfully call for a copy of the charges and specifications. Yours very respectfully, R. B. Ellis, M. D. 14 No reply was made to this communication. The Acad¬ emy fully realized the fact that they were treading upon volcanic ground and moved as cautiously as though they expected an eruption at any moment, or that a mine of dy¬ namite would be exploded in their midst. ^The next move by the Academy, on the chess-board of unprofessional warfare, was the appointment of a com. mittee to wait upon me in person. When the committee came and informed me of their mission, I again demanded a copy of the charges. “ No charges ! No charges ! ” quickly responded the chair, man of the committee. “Oh no! Oh no! no charges. I only stated to the Academy that some days ago, in the set¬ tlement of an account, the party complained that I had charged him more than you did ; but the main thing was in regard to examination fees ” “Well, sir,” said I, “if I was disposed to run to the Academy every time similar complaint is made to me, I would have some of you in hot water nearly all the time! But if any one doubts my charging the regular fee bill rates, allow me to say that my books are open to inspection at any time. That I have to compromise many of my ac¬ counts, I do not deny, for it is well known by every Fellow of the Academy that the working class, as a rule, are not able to pay our full rates where any considerable amount of professional service is required. But so far as exami¬ nation fees for the benevolent societies with insurance features are concerned, I make no pretentions that I charge more than $2; but if I should be called upon to examine for any * Old Line ’ companies, whose object is money-making, I should certainly charge the fee bill rates for such examina¬ tions, in obedience to the rulings of the State Society.” After some further conversation, which was conducted in a most friendly manner, the committee retired. “No charges!” Well there must be something, but what that something was, it seemed I would never be able to as- i5 certain. The Secretary had failed to furnish me with a copy of the charges, if there were any, and the distinguished physician who was chairman of the committee to wait on me had stated that there were “No charges! Oh, no, no charges! *' On the day following the interview', above referred to, I addressed the following note to Dr. P. E. Hines: Dr. P. E. Hines, Raleigh, N. C. Raleigh, N. C., May 7th, 1883. Dear Sir :—I shall consider it as a personal favor to me if you will be good enough to furnish me in writing the exact matter that the Academy of Med¬ icine wishes me to “ explain.” After the conference I had with you and Dr. Royster on Thursday last, I made up my mind to attend the next meeting of the Academy, and should have done so but for the heavy rain that fell at the time. I will say candidly, however, that I really feel very sore on this old examination matter, and upon more mature reflection, I very much doubt the propriety of my attempting to conduct an oral discussion of it again. I have, therefore, concluded to fur¬ nish the Academy a written “ explanation,” and will proceed to do so at the earliest possible moment if I get the information sought. Yours very truly, R. B. Ellis, M. D. A few days thereafter I received the following note, en¬ closing the annexed resolution : Raleigh, N. C., May nth, 1883. Dr. R. B. Ellis : Dear Sir :—I am in receipt of your letter and I am sorry not to have an¬ swered .it sooner. There was no meeting of the Academy on last Saturday night; but I am informed that there will be a called-meeting on next Saturday night. I enclose the copy of the resolution under which Dr. Royster and myself acted. You will observe there are no charges, but that a statement was made, &c. I hope you will be present and make the statement you made to Dr. Roy¬ ster and myself, reading the law of the State, the objects of the associations » &c., from their books, &c. I am free to say that your statement made an im¬ pression more favorable to these associations than any that were heard before. Bring Dr. Bellamy’s letter also. I am very truly yours, P. E. Hines. i6 [Extract from Minutes .] ********* **** On motion, it was ordered that a committee of two he appointed by the Pres¬ ident to wait on Dr. Ellis, and inform him that certain statements had been made, by which it appeared that he had violated the provisions of the Fee Bill, and the Academy desired that he should make an explanation of the seeming violation of the Fee Bill. The President appointed Drs. Hines and Royster on the committee. This is an exact copy of the extract from the minutes of the regular meeting, heid on Wednesday night, May 2d, 1883. James McKee, M. D., Secretary Raleigh Academy of Medicine . Now, I did not ask for the authority of the committee to wait on me. I took it for granted of course that they were properly authorized to do so. What I wanted, was a copy of the charges , or if there were no charges, then a statement of the matters complained of. Of what use to me was a copy of the resolutions under which the commit¬ tee acted? Their authority had never been questioned. I was still in the dark, and my brethren, including the dis- tinguishd chairman, would not enlighten me. What I wanted was a copy of the charges or allegations referred to in the letter of the Secretary, under date of April 16th, 1883, in which I was invited to “appear before the Academy, to give an explanation as to certain alleged violations of the Fee Bill and Code of Ethics.” My frequent applications for a copy of the allegations had been unsuccessful, and the only written information that I was able to obtain was the resolution that was adopted, appointing a committee to wait on me in person. It was perplexing to me, and I could not understand why the Academy should go to all the trouble to have two of its members call on me in person, when the information sought could have been furnished by the Secretary in ten minutes. After so many repeated efforts to obtain a copy of the “allegations” and having failed, that the Academy should have no cause to charge me with taking advantage of its conduct, I concluded to explain and did so by letter, as fol¬ lows : i7 Raleigh, N, C., July 12th, 1883. To the President and Fellows Raleigh Academy of Medicine : Gentlemen: —I am in receipt of a letter from Dr. Hines, dated the nth mst., enclosing a copy of the resolution of the Academy, passed May 2d, 1883. I desire to call your attention to the fact that Dr. McKee, the Secretary of the Academy, addressed me a communication on the 16th of April, in which he requested me to appear before the Academy and explain certain alleged vio¬ lations of the Fee Bill, &c. I requested a copy of the charges, but instead of receiving them, I was waited on by Doctors Hines and Royster, a committee appointed under the resolution of May 2d, who stated in person to me what the complaints were. And now you send me a copy of the resolution passed severa days subsequent to the letter of Dr. McKee. Why was I not furnished with a copy of the original complaint? It seems to me that I am entitled to a copy of all the allegations that have been made. However, as I have no desire to be captious about the matter, and to show the Academy that I am sincere in my conduct, and have no disposition to evade any point or avoid any responsi¬ bility that may attach to my action, I proceed to “ explain” the matter to the best of my ability. I desire to say, just here, that the matter may be understood in the beginning, that no physician, unless he be a member, can act as examiner for one of these Orders ; (See Const’n Am. Leg. Honor, page 37, sec. 2, Art. XI,) therefore, there can be no violation of the Fee Bill in the sense in which it is charged, nor competition with other medical men who are not members of the Orders. What are the objects of these orders? Let us see by reference to their own publications: 1 refer you first to The Royal Arcanum, a paper published in the interest of that order, dated April, 1883, page 8. Now, as to the fees allowed by these orders for medical examinations, I first call your attention to By-Laws of Oak City Lodge, Knights of Honor, No. 4 I 9 > P a g fc 4 > sec - 3 1 Constitution and Laws National Union, page 44, sec. 4 ; extract from By-Laws Raleigh Council No. 551, Royal Arcanum, page 2, sec. 2. And I might continue reference to others of a similar character, but deem these sufficient. I also call your attention to the letter of Dr. Bellamy, of Wil¬ mington, (a copy of which I inclose)* fully justifying and sustaining my posi¬ tion in this matter. I also call your attention to the fact that even our State laws do not class these orders with the regular insurance companies. See Rev¬ enue Laws 18S3, page 29, sec. 12. Moreover, I would respectfully ask if examining for these orders is any more of a violation of the Fee Bill, in letter or spirit, than the practice for a specified sum in our penal and charitable institutions, or the free practice in hospitals and in the families of ministers of the gospel. Again, if I am credibly informed, I am not the only member of the Academy who has examined for less than the fee of five dollars. I make no charge or complaint against them, but it seems. *The letter of Dr. Bellamy referred to appears on page 8, supra. 2 i8 a little singular that I should be singled out as the only one who has “seemingly’’ been guilty of an irregularity in this matter. And it seems doubly strange that the matter should be revived at this time, when it is well known that this whole matter was fully discussed, and I thought amicably settled some eighteen months ago. Believing that this settlement of the question was a finality of the matter, and feeling at full liberty to continue the examinations, I made a contract with these organizations in accordance with their laws. I ask you, gentlemen of the Academy, if you propose to place me under the alternative of receiving your censure for a violation of our medical rules, or of violating a legal contract ? Put yourself in my place. Now, gentlemen, if this explanation is not satisfactory, I beg that you will furnish me with a copy of the specific charges that have been, may or can be made, and it will give me pleasure to explain fully, if not satisfactorily. R. B. Ellis, M. D. Memoranda. —In justice to myself, and that the record may be complete, I respectfully ask that my letter, together with the extracts quoted, be spread on the minutes of the Academy. I also request that the printed documents be re¬ turned as soon as you are through with them. The answer to my letter was the following (what shall we call it?) received September 3rd, 1883, although it bears date July 13th, 1883, full fifty days previous. Raleigh, N. C., July 13th, 1883. At a called meeting with the following Fellows present, Drs. Knox, (Presi¬ dent) E. B. PIaywood, H. Haywood, Hines, Royster, Sexton and McKee, the President stated that the call was made by two Fellows, Drs. Hines and Royster, to hear the letter of explanation of Dr. R. B. Ellis. The Secretary read the letter and the citations to the different authorities ac¬ companying it, and after considerable discussion the following resolution was adopted: Resolved , That the attention of Dr. R. B. Ellis be called to Art. I, sec. 3, of the Duties of the Profession tn the Public, and of the Obligations of the Public to the Profession, in the Code of Ethics of the American Medical Asso¬ ciation, and that he be furnished a copy of the resolutions passed by the Ral¬ eigh Academy of Medicine on the subject of Medical Examinations at its meet¬ ing on May 3d, 18S2 ; and that the Secretary deliver them. The following resolution was then adopted : Resolved , That Dr. Ellis be allowed to complete any contract made prior to his notification of passage of resolution of May 3d, 1882, as Medical Exam¬ iner of Benevolent Societies : Provided, his election to such was not for a longer period than one year. *9 This reply is very much like the pious old lady’s at class meeting, who, when called upon to relate her experience, re¬ plied, “ Well, I have been thinking that the least said is the soonest mended.” Instead of referring me to the arbitrary resolutions of May 2d, 1882, and to the Code of Medical Ethics, which they knew had no more relevancy to the question at issue than did the recent bull of the Pope of Rome against Freemasonry, why did they not at least make an effort to refute my argu¬ ments, and show that my position was untenable? This reference to the Code of Ethics as a part of the reply of the Academy of Medicine to my “ explanation,” as given above, must have meant one of two things—they either supposed that I was incapable of comprehending plain English, or they had no grounds upon which to base a reply, for I would not so far impeach their intelligence as to suppose that they did not know that the reference to the Code of Ethics was wholly irrelevant to the questions at issue. It is said “ a drowning man will catch at straws,” but this straw was not sufficient to save the Raleigh Academy of Medicine from the awkward position in which they had placed themselves. The following is the full text of the section referred to: g 3. There is no profession, by the members of which eleemosynary services are more liberally dispensed than the medical ; but justice requires that some limit should be placed to the performance of such good offices. Poverty, pro- fessiona] brotherhood, and certain of the public duties referred to in the first section of this article, should always be recognized as presenting valid claims for gratuitous services ; but neither institutions endowed by the public or by rich individuals, societies for mutual benefit, for the insurance of lives or for analogous purposes, nor any profession or occupation, can be permitted to pos¬ sess such privilege. Nor can it be justly expected of physicians to furnish cer¬ tificates of inability to serve on juries, to perform militia duty, or to testify to the state of health of persons wishing to insure their lives, obtain pensions, or the like, without a pecuniary acknowledgment. But to individuals in indigent circumstances, such professional services should always be cheerfully and freely accorded. 20 Now, can any one outside the Raleigh Academy of Med¬ icine, who sees through glasses unobscured by Order preju¬ dice, discover anything in this extract to prohibit me, or any other physician, from making examinations for Orders with insurance features for a less sum than five and ten dol¬ lars ? Nay, more, is there a single member of the Academy who is willing to stake his reputation as a physician, and as a fair-minded man, by seriously contending that he can ? If there be such I would be pleased to hear from him. All that can be truthfully said is, that certain things therein named “ should always be recognized as presenting valid claims for gratuitous services,” and that certain other things therein named “cannot be admitted to possess such privilege.” What privilege? Gratuitous, of course; and no one, so far as I know, has ever contended to the contrary. I cer¬ tainly have not, but I do claim the “privilege” under the Code of Ethics, though a practitioner of Raleigh , to avail myself of any rights guaranteed to me by the rulings of the State Medical Society, and the universal custom of the pro¬ fession, the ipse dixit of the Raleigh Academy of Medicine to the contrary notwithstanding. Ir will no doubt be news to most of the profession to be told that the State Medical Society is subordinate to the Raleigh Academy of Medicine, but however paradoxical that may appear, it is nevertheless true, or else the Raleigh Academy of Medicine have been guilty of gross unprofes¬ sional conduct in passing the resolutions of May 2d, 1882, which are in plain violation of the rulings of the State Med¬ ical Society in the matter of life insurance examinations. If the Academy had the right to overrule an act of the State Medical Society, they had a greater right to rule on questions not touched upon by that body. And if such right existed, why did they not legislate on the practice in the State institutions, both penal and charitable, contracts with in¬ surance companies, lectures before medical colleges, contract 21 practice in boarding schools, &c., &c. And if they had such right, why did they not exercise it ? The fact is, they possessed no such right, and if they did, they dare not attempt its exer¬ cise. On the 13th of September, 18S3, I received the following from the Academy: Raleigh, N. C., September 13th, 1883. Dr. R. B. Ellis, Raleigh, N. C.: My Dear Sir :—Enclosed find a copy of resolution, unanimously adopted by the Raleigh Academy of Medicine at a called meeting, held September I2th, 1883, and which I was instructed to forward to you. Very truly yours, James McKee, Secretary. Whereas, Dr. R. B. Ellis has been furnished certain resolutions adopted by the Raleigh Academy of Medicine, at its called meeting of July 13th, 1883, to which no definite reply has been given ; therefore, Resolved , That Dr. R. B. Ellis be notified by the Secretary that an adjourned meeting of the Academy will be held on Friday, September 14th, 1883, at 8^ o’clock p. m., to hear from him on the aforesaid resolutions, at which he is re¬ quested to be present, and that a failure on his part to appear will be considered by the Academy as an act of contempt, and that final action will be taken thereon. A true copy from journal of proceedings of called meeting, held September 12 th, 1883. James McKee, Secretary. I call attention to one important fact. The Academy had been in possession of my letter over fifty days, had had ample opportunity and time to reply to the position I had taken, yet in its hot haste after me, in less than two weeks after they had sent me the citations to the Code of Ethics, and the resolutions of May 2d, 1882, the foregoing discour¬ teous resolutions were adopted. It is hardly necessary for me to say, that I did not appear on one day's noticeat the meeting on September 14th, 1883. The Academy was now on a hot trail—they were in haste— and on the 15th, the day after the meeting, I was waited upon by a committee, to whom I expressed in plain terms my feelings in regard to the discourteous expressions in the resolutions. I was assured that no discourtesy was intended, and was urged to attend an adjourned meeting of the Academy to be held two or three days thereafter. I assented, and did attend. At that meeting the matter was fully and thoroughly 22 discussed, and I told the Academy that I was under contract with the orders for the year, and that I felt bound to faith¬ fully fulfill that contract. As soon after this meeting as possible, I notified the sev¬ eral Orders of the action of the Academy in refusing to per¬ mit their members to examine for less than five and ten dol¬ lars. The Orders immediately opened correspondence, upon their own authority, with the Academy, and pending such correspondence my contract year expired, and I then ceased making examinations for the Orders, hoping from intima¬ tions from the members of the orders who had the corres¬ pondence in hand, that this cessation would be only tempo¬ rary, and that in a very short time the matter would be amicably adjusted by the Academy and the Orders, and that there would be no further misunderstanding. In this hope, however, the Orders and myself were disappointed. No sat¬ isfactory arrangements could be made, and seeing that the alternative was presented of either abandoning the Orders with whom I had been socially and professionally connected for the past several years, or severing my connection with the Academy as one of its Fellows, I chose the latter. Conse¬ quently, on the 6th of February, 1884, I formally resigned my membership with the Academy. Just here I will state that my friend, Dr. W. H. Bobbitt, soon after connecting himself with the Raleigh Academy of Medicine, discovered that the action of the State Medical Society, at its meeting held in the city of Wilmington in 1880 relative to examinations for Benevolent Orders, was not popular with the Academy, and that the members lit¬ erally repudiated it.'* For this reason, and because the Academy were not inclined to allow him privileges guaran¬ teed to him by the State Society", he also tendered his resig¬ nation. I might perhaps' have made some new contract by the month, quarter or year, and thus by some hocus pocus, (not unknown to certain gentlemen of the profession). *See Appendix. 23 have “ whipped the devil around the stump ” and retained my membership in the Academy, and continued the exam¬ inations also ; but I did not propose to resort to any such questionable methods. My whole course in the matter had been open and above board. I had concealed nothing, attempted to deceive no one, and I did not propose to depart from the course I had pursued throughout the entire controversy. I would not remain a member of the Academy and not act in good faith with that body. By inference at least, the Academy claimed the right to require me to annul a contract made with the Orders, but graciously permitted me to fulfill my engagements, pro¬ vided it did not extend beyond a certain period. Would the Academy dare attempt to force the physicians em¬ ployed at our penal and charitable institutions to surrender their contracts? Would they attempt to force other phy¬ sicians, who were examining for the “ Old Line ” companies, to surrender at their command ? The prices received by these gentlemen have nothing to do with this question. H ave the Academy the right, the power to require any “Fellow” to violate a business contract? If so, from whence was such authority derived? Again: If the Fee Bill is to be considered an iron rule, in their eagerness to enforce its provisions by a strict con¬ struction of the language used, why did not the Raleigh Academy of Medicine apply its provisions to all alike? “ What is sauce for the goose should be sauce for the gan¬ der.” But now to the true animus of the Academy. My resig¬ nation was accepted on the 6th day of February, 1884, and on the 13th of the month I received the following “ bull of excommunication ” : Raleigh, N. C., February 13th, 1884. Dr. R. B. Ellis, Raleigh, N. C., My Dear Sir :—The following extract from proceedings of a meeting of the Raleigh Academy of Medicine, held February 12th, 1884, explains itself : 24 “ Whereas, The Raleigh Academy of Medicine, at its organization, adopted a Fee Bill for professional services rendered by its fellows, and prescribed the following penalty for its violation : “ In case any one shall transgress these rules, he shall” be considered be¬ yond the pale of the profession, and no consultation shall be held with him. If any one shall knowingly consult with such a person, he “ shall be regarded and treated in a similar manner.” Whereas, It was not the purpose of this Academy to treat other physicians more liberally than its own fellows, therefore, Resolved: That no fellow of the Raleigh Academy of Medicine shall con¬ sult with any resident physician of Raleigh, who charges less for professional services than the rates adopted by the Academy of Medicine. Resolved: That the Secretary be instructed to transmit to Drs. R. B. Ellis and W. H. Bobbitt a copy of the resolutions of the committee, adopted by the Academy to-night, and to say to each one of the gentlemen named, that the fellows of the Academy, henceforth, will decline to consult with either of them so long as he maintains his present attitude.” These resolutions were unanimously adopted. Very respectfully, James McKee, M. D., Seretaiy Raleigh Academy of Medicine. Now, it is plain enough from the above edict, that the Raleigh Academy of Medicine claimed exclusive profes¬ sional jurisdiction over the territory of Raleigh; but whether they hold the title in fee simple, or by the right of “ squatter sovereignty,” does not appear. However that may be, as the action of the Raleigh Academy of Medicine “is irrevocably fixed,” regardless of the rulings of the State Medical Society, it becomes a matter of some importance to know just where this peculiar and exclusive jurisdiction ends. In justice to the profession, under State jurisdiction, the Academy, as it seems to me, ought to have an accurate survey made of their premises, the lines and boundaries alj well defined and posted , so as to avoid all possible conflict in the future in regard to ownership or exclusive jurisdic¬ tion. For, to my mind, the term “ Resident Physicians of Raleigh ” is altogether too indefinite for one to determine just how far out he would have to go in order to get “ within the pale of the profession.” And as “ the action of the Raleigh Academy of Medicine is irrevocably fixed ” it is a matter of vital importance to know whether or not their territorial boundaries are also “ irrevocably fixed.” If not who knows but that the Academy might take it into their heads to indefinitely extend their jurisdiction, and thus place the whole State Medical Society “beyond the pale of the profession ” unless they repeal their decisions in regard to life insurance examinations for benevolent societies. I take the position that the Raleigh Academy of Medi¬ cine had no right to pass the resolutions of May 2, 1882,— that the passage of said resolutions was in direct conflict with the rulings of the State Medical Society at its session in 1880, and confirmed in 1884. The following is an extract from the transactions of the State Medical Society at Raleigh, N. C., May, 1884: Dr. Hill, of Goldsborough, made a motion to the effect that the ruling of the Society at its Wilmington meeting, whereby members of the Society are allowed to fix their fees for examination of applicants for admission into mystic orders, benevolent associations with an insurance feature, etc., to suit themselves, be rescinded, and that an arbitrary fee of five dollars be charged in all cases. Dr. Bellamy, in reply to the motion of Dr. Hill to consider the repeal of the motion to exclude the secret societies, such as the Knights of Honor, from the category of life insurance institutions, remarked that the Knights of Honor were not only charitable and benevolent institutions, but beneficent, doing the good and grand work of such societies as the Masons and Odd Fellows, and still more, in providing for nursing and feeding the sick and providing for the widows and orphans in a substantial way. They are not insurance com¬ panies, but like a family circle, have their secrets and sympathies, and he who crosses the threshold without permission is an intruder. This benevolent, yea beneficent institution, has no president, no agents, with high salaries and use¬ less expenses. They provide in an economical and easy way something for the edification, comfort and health of its members while living, and sub¬ stantial aid to the widow and orphan child. It is wrong and unjust to speak of this institution as an insurance company. The resemblance is not at all striking, its features being quite different in many respects. After remarks by several others present, the resolution was put to the house and lost, with only two dissenting voices. The State Medical Society is superior in its author¬ ity to any subordinate body, and its rulings are, or should be, final on all questions of medical jurispru¬ dence. If a subordinate body can disregard or overrule the action of the supreme body in one case, it can in another, and thus every subordinate body could resolve itself into a law-making power and no rulings of the supreme body would have any binding effect. If this be al¬ lowable, then what is the use of the State Medical Society? Suppose, for illustration, that a question should arise be- 26 tween two local societies, or between two members of a so¬ ciety, and in settling such question, the parties involved should fail to agree, or one party should feel aggrieved at a decision, and should appeal: to whom should such appeal be made? Would it not be to a higher authority? What is that higher authority? It it not the State Medical So¬ ciety ? Suppose that the Supreme Court of the State should render a decision on a question of law, what would be thought of an inferior court judge who, in the full knowl- ► edge of such decision, should rule directly to the reverse, and who, when his attention was called to the fact, should have the effrontery to say : “So far as this court is con¬ cerned, that question is settled ; its action is irrevocably fixed.”* Would not such conduct on the part of a judge render him ridiculous in the eyes of the profession ? Again : As has been stated before in this article, the laws of the State do not recognize the benevolent orders with insurance features, as belonging to that class of institutions known as Insurance Companies. They are classed with the charitable institutions of the land. Yet the Raleigh Academy of Medicine, with the same regard for the laws of the State that they have for the rulings of the superior body,—the State Medical Society,—say, “No! The law is wrong. We do not recognize such law.” In the language of the poet, it might be said: “ And still they gazed, and still the wonder grew, That one small head could carry all he knew.” The inconsistency of the action of the Academy is so glaring that it is almost unnecessary to call attention to it. The “ complaint ”, “charges”, or “ allegations ”, or what¬ ever else they may be called, against me, was that I had ex- *An incident of this character did actually occur in a colored magistrate’s court in Raleigh, some years since. A case was being tried, and during the argument, one of the counsel, a distinguished lawyer, still living in this city, cited a decision of the Supreme Court, as applicable to the case then under consideration. “ That,” quickly responded his sable Honor, (his feet on the table and his spectacles on the end of his nose), “ may be very good law in the Supreme Court, but, Judge, it is not the law in this court.” 27 amined for benevolent Orders for less than five and ten dol¬ lars. This is true, but in that, I had the very highest au¬ thority known to the profession—the State Medical Society —adopted in 1880, and confirmed in 1884, and the rulings and customs of the profession throughout the country. I wish it to be understood that I do not intend to reflect on my medical brethren who practice by contract in our charitable and penal institutions and boarding schools. I admit their right to practice under contract as they do, and refer to the matter merely to show the inconsistency of the Raleigh Academy of Medicine. My fees for examinations for the benevolent Orders were two dollars in each case; yet, I am charged with a violation of the Fee Bill and Medical Code of Ethics. Let us see what some other members of the Raleigh Academy of Med¬ icine receive for their services in a practice far less desirable and pleasant to the professional gentleman than that of making- such examinations as those which I have been called o upon to make ? I quote from authority of the highest professional character, from the utterances of the oldest practitioner in the city, a member of the Raleigh Academy of Medicine, an ex-President of the State Medical Society, and at present in conjunction with three other members of the Raleigh Academy of Medicine, a Professor in the Colored Medical College at Shaw University in this city. w In his admirable *The following is to be found on page 5 of the Third Annual Repoit of Leonard Medical School, Shaw University, Raleigh, N. C., 1884: FACULTY. * * * * * * * * . * James McKee, M. D., Professor of Physiology ; Visiting Physician to tie Leonard Medical School Hospital.^ * * * * P P Haywood A. M., M. D., Professor of the Principles and Practice of Medicine and Materia Medica ; Consulting Physician and Surgeon to the Leonard Medtcal School HospiUl. ^ and Operative Surgery; Visiting Surgeon to the Leonard Medical School Hospital. * * * t H * M D* Visiting* Surgeon to the Eye and Ear Department, and Consulting Surgeon to the Leonard Medical School Hospital. 28 address delivered before the State Medical Society at Asheville, in 1881, Dr. R. B. Haywood says: The State of North Carolina, per contra, pays a very competent and estima¬ ble physician, fifty-two cents a head for treating thirteen hundred and eighty- three cases among the convicts in her penitentiary and requires him to furnish his own conveyance and driver. This is scandalous and ought to be re¬ monstrated against by the profession, more especially when it is known that the State pays a lawyer five hundred dollars to go to an adjoining county to look into a faulty bill of indictment. They are both skilled laborers and should be treated alike. The Doctor speaks feelingly on this subject, for being a practitioner in another State Institution, “ knows how it is himself.” I might go on and cite other cases to show the inconsis¬ tency of the Raleigh Academy of Medicine, but deem the foregoing amply sufficient to satisfy every impartial mind. So far as consultations are are concerned, while I am dis¬ posed to be professional, the edict of the Raleigh Academy of Medicine does not in the least disturb my equanimity. Outside of that body, with a possible exception, my po¬ sition has the endorsement of the entire medical profession of the State, as expressed by their action on two separate occasions. The single exception alluded to does not per¬ haps now exist, for it is not probable that a lone individual would persist in a position which the whole medical frater¬ nity has decided was not tenable. Again: If my refusal to be governed by arbitrary local legislation should justly place me “ beyond the pale of the profession,” by parity of reasoning, what should be the position of those who, not only refuse to be governed by the rulings of the State Society, but proscribe others for doing so ? “ It is a poor rule that wont work both ways,” and it is a lame cause that can be neither just nor consistent. At¬ tempting to play the dictator, and claiming by action at least, that “ Resident Physicians of Raleigh ” have no rights which they are bound to respect, may be very gratifying to 29 the vanity of those who assume such a position, but it is not in accordance with my sense of professional propriety, nor in keeping with the rules of Medical Ethics. “ O wad some pow’r the giftie gie us, To see oursels as others see us; It wad frae monie a blunder free us, And foolish notion.” My purpose in the foregoing has been simply to vindi- dicate myself against the unprofessional charges that have been made against me by the Raleigh Academy of Med¬ icine. That body has attempted to exercise a jurisdiction without color of right to do so, and in the face of the action of the State Medical Society on two separate occasions expressed, and contrary to the practice of the profession all over the country, and is neither justified by any law or practice, professional or civil. The length of this article precludes any extended com¬ ments, if comments were necessary. I have endeavored to place facts before the public, and to avoid personal allusions to any particular individual, except where incidentally such allusions have been necessary in the proper presentation of the case. The facts, unimbelished, and with naught set down in malice, are laid before the medical profession and the public. As a medical man, I must confess that I feel not a little humiliated to know that any portion of the profession to which I belong, and more especially a Society of which I was formerly a member, should be incapable of making a dis¬ tinction between “ insurance companies with assets amount¬ ing to millions,” and charitable orders with no assets at all. There is no more analogy between the two than there is between black and white, or between a soulless monopoly and an orphan asylum—the one being entirely mercenary , the other purely benevolent. These oiders are not insurance companies. One of their chief objects, however, as set forth in their own publications “ is to provide the familes of 30 their members with a death benefit at actual cost, and thus enable worthy persons to secure needed protection, who cannot afford to pay the high rates charged by insurance companies. The members form a vast fraternity, held to¬ gether by mutual interests and cemented by a spirit of brotherhood which is fostered in the council and lodge rooms.” And, although examinations made for these orders “ must be made by a physician who is himself a member of the orders ; made by a brother for the benefit of brethren,” yet, I am to be professionally proscribed by the Raleigh Academy of Medicine “ so long as I maintain my present attitude;” that is, so long as I do not charge benevolent orders, an arbitrary fee of $10; a fee which even insurance companies, “ with assets amounting to millions,” could not afford to pay. I repeat, as a medical man, I feel mortified and humil¬ iated to think, that a society, of which I was once a mem¬ ber, should “ maintain an attitude ” towards these orders that smacks so strongly of a monopoly. R. B. Ellis, M. D. Note. — I am not a member of the State Medical Society. I graduated from the University of Pennsylvania in 1866, and have been in active and constant practice ever since ; but, like a large majority of the physicians of the State, I have never joined the State Medical Society ; and, if ‘‘ resident phy¬ sicians of Raleigh,” who are members of that Society, are not to be protected in their professional rights, against such unjust local legislation as is herein de¬ tailed, I see no good reason why I should become a member of that body. In other woids, if the State Society is powerless to enforce its rulings, by reason of exclusive local jurisdiction , then farewell to the Medical Society of North Carolina—it becomes a dead letter—a mere myth, without “ local habitation or a name.” And thus there is sober truth in the words which Shakespeare puts into the mouth of Hamlet : “ Inperial Caesar, dead and turned to clay, Mijrht stop a hole to keep the cold awqiy; Oh that that earth, which kept the world in awe, Should patch a wall, ’t expel the winter’s flaw ! ” APPENDIX. In the Transactions of the Thirty-First Annual Meeting of the Medical Society of the State of North Carolina, May, 1884, page 13, will be found the following : Dr. W. H. Bobbitt, of Raleigh, took the floor on a question of privilege, and read a communication setting forth his grievances as follows : “Mr. President , I rise to a question of personal privilege. In the inter¬ ests and rights of myself, of this Society and our profession, I feel it my duty to do so. “I was admitted a member of this Society at the meeting in Tarborough last year. In October following I removed from Rockingham, where I had been engaged in the practice of medicine for two years, and located as a prac¬ titioner in the city of Raleigh. “ Since my connection with the Society I have studiously observed its rules and regulations, and faithfully adhered to the recognized Code of Ethics of the profession as adopted by this Society. “ Soon after I located in Raleigh I joined the Raleigh Academy of Medicine in good faith. Before joining either this Academy or the Society, I informed myself of the action of the State Society at its meeting held in Wilmington, in 1880, in reference to the fees for examination of applicants for life insurance. The result of the discussion of this question, then and there made, was as fol¬ lows : That the usual examination fee of five dollars did not apply to examina¬ tion of applicants for a mystic order with a beneficiaiy or benveolent feature. The Society decided, as the proceedings show, that it did not apply to exam¬ ination of applicants for such orders as the Knights of Honor. I soon found, after connecting myself with the Raleigh Academy of Medicine, that this action of the State Society was not popular with the Academy, and that the members literally repudiated it. For this reason, and because the Academy were not inclined to allow me privileges guaranteed to me by the State Society, I sev¬ ered my connection with the Academy. After this withdrawal, and not be¬ fore, I joined the Order of Knights and Ladies of Honor, and was appointed its medical examiner. Before I had examined a single applicant for life in¬ surance in this body, I received an official communication from the Academy notifying me that henceforth the Fellows would refuse me consultation so long as I maintained the attitude I then held. The attitude, I take it, referred to the fact that my fee for examination, and fixed by the Knights and Ladies of 0 2 Honor, was and is two dollars, whereas the Academy had fixed the fee for ex¬ amination of applicants for insurance at five dollars per head, and five dollars additional when an analysis of the urine had to be made. “Now, Mr. President and fellow-members of the Society, I have made this running statement in order that you may see and determine my status in the Society. The Fellows of the Academy are, in common with me, members of this Society. If I have done anything wrong or in violation of the regulations of this Society or the recognized code of the profession, the Society will please say what it is and wherein I have transgressed. On the other hand, if this has not been done by me, I wish in this defense of my course for that endorsement and support, which a member has a right to claim, whose only offense is in obeying that decree of the Society which is my shield and armor in this matter. It may be said that this is a local matter, personal to myself, and that the Society should not be troubled with its consideration and investigation. But it involves a principle that is important to us all and to the profession ; and I have mis¬ taken the objects of this Society if the members now assembled ignore the question presented, or decline to define my status, rights and relations. There is evident antagonism in this insurance matter between this Society and the Raleigh Academy of Medicine. “ So long as I was connected with the latter, I observed its rules and regula¬ tions as to insurance fees and all other matters. Why I should be refused con¬ sultation by its members, after withdrawing, because the charge against me was no other than a compliance with the law of the State Society, I leave it to the Society to investigate. The Academy refuses to make any distinction between old line companies and benevolent societies with an insurance feature. The State exempts from taxation these benevolent associations, and the State Medical Society recog¬ nizes the same great principle of charity and benevolence which constitutes one of the glories of our profession, and allows the fees to be less than for old line companies with their millions of assets. With this, Mr. President and gentlemen, I leave the matter with you, and await your impartial decision.